ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20170006529 APPLICANT REQUESTS: an adjustment to his Selected Reserve Health Care Professionals (SRHP) Special Pay Program contract date to meet requirements for an additional year of special pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Selected Reserve Special Pay Program Contract * Email Correspondence, Indiana Army National Guard Bureau (IN ARNG) * DFAS Form 702 (Leave and Earning Statements) (2) * Request for Retention beyond Mandatory Removal Date * Retirement Order and Amendment FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20160000069 on 9 December 2016. 3. The applicant states the date of his original signing, 29 November 2012, should be retroactively approved. The original two year contract would have been from 29 November 2012 until 28 November 2014. He added that this would allow him to be eligible for one more year of the Selected Reserve Special Program as a dentist. The second contract would have been from 29 November 2014 until 30 November 2015. He believe this should meet the requirements for a one year contract, if the program was in effect at the time. Also, he added that his retirement date as of 31 October 2015 is incorrect and that by changing the date to 30 November 2015 it would make him eligible to receive an additional year of incentive pay. 4. The applicant provides: a. The Selected Reserve Special Pay Program Contract signed 29 November 2012, which states that he is entitled during the period of the agreement to annual Special Pay, as determined by his specialty of a 63A, Dentist for $20,0000 for 2 years. b. Email correspondence from IN ARNG regarding ETP eligibility for officers in critical skills to receive the Special Pay Bonus past retirement eligibility course of action to collect unpaid bonus incentive (see attached). c. Copies of two leave and earning statements that reflected Health Profession Accession Bonuses paid in March 2014 totaling $15,000 (see attached). d. Memorandum by NGB regarding the Request for Retention beyond Mandatory Removal Date (MRD), the applicant was approved to remain in active status beyond his MRD of 31 December 2014 until 31 December 2016. 5. A review of the applicant’s service records shows: a. He was appointed as a National Guard Officer and executed an oath of office on 1 April 1988. b. On 26 October 2015, he was honorably separated from the Army National Guard, effective 31 October 2015. However, the retirement order was amended on the same date to reflect the retirement effective date as 30 November 2015. 6. The applicant applied to the Army Review Board Agency requesting that the Selected Reserve Special Pay Program Contract date is retroactively approved to the signing date of 29 Nov 12. The NGB took administrative action and the application was returned without action being taken by the Board on 9 December 2016. 7. The NGB advisory opinion dated 10 May 2017, determined an administrative error occurred and payment for the bonus in contention was initiated in 30 November 2016. 8. The applicant was listed on FY15 SHRP Exception to Policy (approved 27 August 2015). However, from the approved list date (27 August 2015) to the date of the applicant’s retirement, 30 November 2015, is less than the required minimum contractual obligation period of one year. Therefore, the applicant was not eligible to contract for SHRP pay in FY15 and the incentive was not offered in FY14. 9. According to United States Army Recruiting (USAREC) Regulation 601-27, special pay eligibility requires a specific billet. Program participants must remain in the billet to which the incentive applies in order to receive annual installment payments. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the advisory opinion stating that the FY14 SRHP was not offered and the applicant was not eligible for the SRHP in FY15, the Board found no evidence of an error or injustice which would warrant changing the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/28/2019 X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. United States Army Recruiting (USAREC) Regulation 601-27, states special pay eligibility requires a specific billet. Program participants must remain in the billet to which the incentive applies in order to receive annual installment payments.